Features
Do Your Employment Practices Violate Antitrust Law?
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Features
Transactions Triggering the 35 USC §102 On-Sale Bar
Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.
Columns & Departments
Case Notes
The latest test of whether part of the Civil Rights Act can be read to bar workplace discrimination because of sexual orientation proved complicated on Jan. 20 a the Second Circuit. Here's a look at the case.
Features
<b><i>BREAKING NEWS</i></b><br>Michelle Lee Resigns as PTO Director
Michelle Lee resigned as director of the United States Patent and Trademark Office (USPTO) on May 6.
Features
Layered Federal and State Cybersecurity Regulation of Financial Services Firms
Cybercrime poses an ever-increasing threat to consumers of financial products and services. In 2016, the then- SEC Chair said that cybercrime ranks as “one of the greatest risks facing the financial services industry.” Federal law thus requires financial services firms to implement procedures designed to protect their customers' data. Now individual states are increasingly getting into the game.
Features
Emerging Issues In the DTSA's Second Year
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.
Features
Beware: Inspecting Goods May Waive Implied Warranty Protections
When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.
Features
FTC Tells Paid 'Influencers' to Disclose When Instagram Posts Are #Ads
The consumer agency has taken the view that advertisement — without proper disclosures — can mislead consumers. The agency has previously put the burden of ensuring proper disclosure on the brands. On April 19, the FTC turned its attention downstream to the "influencers" themselves.
Features
The Scope of the Dodd-Frank's Whistleblower Protection
Is a corporate employee who reports an employer's possible violation of the securities laws to a supervisor or internal compliance officer — but not to the SEC — considered a "whistleblower" entitled to protection from retaliation under Dodd-Frank? Courts that have considered this question have reached differing conclusions.
Features
Senate Votes to Repeal FCC Internet Privacy Rules
The FCC's move to stop Internet service providers from collecting customers' personal information without consent has itself been halted. The Senate voted 50-48 on March 24 to overturn the rules, with the House expected to follow suit.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
